September 28, 2016

Family Caught as HOA, Builder Debate Repairs

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Family Caught as HOA, Builder Debate Repairs

Disputed responsibility for repairs in a Dallas subdivision has a family with three youngsters stepping carefully around its home.

After heavy rains last May, homeowner Brian Woodward saw early signs of erosion and alerted his HOA, the Lone Star Ranch Homeowners Association. Further rains in early December prompted another collapse, and on Dec. 29 the slope failure reached the home's fence line.

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Shaddock Developers Ltd. owns the six acres of common area that includes the pond and area around it, but Lone Star Ranch has handled maintenance on the land for years, according to the Dallas Morning News.

Lone Star Ranch issued a statement explaining that it has investigated the collapse and pursued repairs since the original May slope failure. "However, since the property was owned by Shaddock Developers Ltd., not the HOA, the city would not issue a permit to the HOA to perform any repairs to the property," according to the statement.

A spokesperson for the development company says that common areas are supposed to be deeded to the HOA once the subdivision is built, but here that didn't happen. Paperwork has recently been submitted with Denton County to deed the common areas to the HOA.

While Frisco’s code enforcement division issued a notice of violation to Shaddock Developers on Dec. 30 with a Jan. 15 deadline, nothing has happened, says Woodward.

City officials said last week that they are working to get the parties to meet to arrive at a solution. Statements from both the developer and the HOA sympathize with Woodward but stop short of committing to pay for repairs.

Source: "Frisco homeowners in fight over disappearing backyard," Dallas Morning News (Jan. 21, 2016)